Appellate Terms of the Supreme Court of New York, 1901

Transcendent Light Co. v. Steitz

Appellate Terms of the Supreme Court of New York · Decided June 15, 1901

35 Misc. 305; 71 N.Y.S. 947

Counsel

Herbert J. Hindes, for appellant., Aaron Morris, for respondent.

Opinion of the Court

Per Curiam.

Plaintiff asked leave to discontinue at the close of the testimony and such leave was refused. If exception had been taken to this ruling, judgment would have to be reversed. Rothenberg v. Filarsky, 30 Misc. Rep. 610. Ho exception was taken, and plaintiff’s omission- in this respect is fatal.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment affirmed, with costs.

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